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(영문) 대구지방법원경주지원 2020.10.07 2020가단622
건물인도등
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) from October 26, 2019 to the annexed list.

Reasons

1. Facts of recognition;

A. On February 25, 2019, the Plaintiff: (a) leased a building listed in the separate sheet owned by the Plaintiff (hereinafter “instant building”) to the Defendant as KRW 10 million in annual rent (payment at the time of a contract; (b) five million in annual rent; (c) payment on March 3, 2019; and (d) payment on April 30, 2019; and (e) the remainder of four million in annual rent (the Plaintiff asserted that the term of the lease was set at one year; and (c) the Defendant is not clearly dissatisfied therewith, but there is no provision on the term of the lease in the instant lease; hereinafter “instant lease”); and (d) delivered the instant building to the Defendant.

B. However, the Defendant paid KRW 6 million during a year’s rent (the KRW 1 million on February 25, 2019, and KRW 5 million on March 9, 2019), but did not pay the remainder of KRW 4 million on April 30, 2019. On September 27, 2019, the Plaintiff notified the Defendant that “if the unpaid rent and the overdue water rate are not paid by October 11, 2019, the lease contract shall be terminated.”

C. After that time, the Plaintiff requested the Defendant to pay rent several times, but the Defendant occupied and used the instant building without paying the unpaid rent until now.

[Grounds for recognition] Each entry or video of Gap evidence Nos. 1, 2, 3, 6, and 7, and the purport of the whole pleadings.

2. According to the facts of the above recognition, when converting the annual rent under the instant lease agreement into the monthly rent, it shall be KRW 833,33 won per month ( KRW 10 million x 1/12, less than KRW), and KRW 6 million paid by the Defendant shall be KRW 5,99,97 ( KRW 833,333x (76/30), and less than KRW 6 million) for about seven months. Ultimately, the instant lease agreement was terminated on the ground of the Defendant’s delayed rent. Accordingly, since the Defendant delivered the instant building to the Plaintiff, and the Defendant’s delay after October 26, 2019 to the date of delivery of the instant building, as sought by the Plaintiff, it is rent or rent.

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